LAW FOR ALL

How to prove a partition = An individual can certainly acquire title to an item of property, if it has fallen to his share in a partition. If the partition is through a decree of a Court or a written document, filing of the decree or the document, as the case may be, would go a very long way in establishing the title. If on the other hand, the partition is oral, the evidence to prove it, can be adduced. Such evidence may comprise of the depositions of the persons, who were allotted shares, or those acquainted with the partition or the revenue records, that reflect the partition. The basic aspects that are required to be stated and proved in relation to partition are, the composition of the joint family or coparcenery i.e., the members comprising of it, the existence of the properties that are held by it, the shares that are allotted to various coparceners and in particular, the person pleading the partition. The plaint is blissfully silent in all these aspects. 15. Sometimes, the necessity to prove the facts that are pleaded in a suit may not arise in case the defendants do not dispute it.